This Disclaimer regulates the use of the website service www.fertty.comand the domains associated with it. The purpose of this document is to regulate the RULES OF USE and to safeguard the PROTECTION OF USERS of www.fertty.com property of <Prolonga Fertilidad SLP>, with its address at <C/ D’Ausiàs Marc, 25, 08010 Barcelona> The terms “You” and “User” are used here to refer to all persons and/or entities that for any reason access this website.
Prolonga Fertilidad SLP aims, by means of www.fertty.com, to provide users with a powerful tool for information and contact, to show both its activity and related services.
1.- GENERAL CONDITIONS AND THE ACCEPTANCE THEREOF
These general terms and conditions regulate the use of the web service www.fertty.com that Prolonga Fertilidad SLP, makes available to users free of charge.
The use of the website www.fertty.com attributes the status of user and expresses the full and unreserved acceptance of each and every one of the General Conditions in the version published by Prolonga Fertilidad SLP at the time the user accesses the page. Accordingly, and given that these conditions may vary, the user must read these conditions carefully each time they intend to use this page.
It may be the case that the use of certain services offered to users through the website is subject to specific conditions which, as the case may be, replace, complete and/or modify these general conditions.
The use of some services is subject to notices, regulations of use and instructions made known to the user by Prolonga Fertilidad SLP, which complete the provisions of these General Conditions. Therefore, the user must also read carefully and be aware of the corresponding Special Conditions of that service before making use of them.
Through www.fertty.com Prolonga Fertilidad SLP provides users with access to and use of various services and content made available to users by Prolonga Fertilidad SLP or third parties, such as service providers and content providers.
Prolonga Fertilidad SLP reserves the right to modify unilaterally, at any time and without prior notice, the display and configuration of the page, as well as the services and conditions required to use the website in its different sections.
3.-CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1. Free access to and use of the Website
The provision of the web service by Prolonga Fertilidad SLP is free of charge for users and does not require prior subscription or registration of the user in what we will call the public area, i.e. that which does not require special passwords for use.
3.2 User Registration
Prolonga Fertilidad SLP, reserves some of the services offered through the website to registered users, by completing the registration of users of the website. This subscription is absolutely free and your registration will be processed through the forms provided under the principle of transparency, explicit and verifiable consent. The user will receive a name and password that you agree to keep with the utmost confidentiality, in accordance with the provisions of clauses 3.2.1. and 3.2.2 of these General Conditions.
3.2.1 Assigning Passwords
The user will choose and indicate their own Passwords. The User may not choose as User Name words, expressions or graphic-denominative sets that are offensive, insulting, coincide with trademarks, trade names, business signs, company names, advertising expressions, names and pseudonyms of public or famous people for whose use is not authorised and, in general, contrary to the law or the requirements of morality and generally accepted good customs. The assignment of the Passwords occurs automatically and the only criterion used for this purpose is the non-existence of previous Passwords that are identical to those chosen by the User. In the absence of choice by the User, the Passwords will be automatically assigned by Prolonga Fertility SLP. In this case, the user may at any time change them for any other, always in accordance with the provisions of the preceding paragraph.
3.2.2 Use and safekeeping
The user undertakes to make diligent use of the Passwords and not to make them available to third parties. The user undertakes to inform Prolonga Fertilidad SLP as soon as possible of the loss or theft of the Passwords as well as any risk of access to them by a third party.
3.3. Obligation to make proper use of the website and Services
The user undertakes to use the website and the Services in accordance with the law, these General Conditions, as well as with generally accepted morals and good customs and public order. The user undertakes to refrain from using the website and the Services for unlawful purposes or effects, contrary to the provisions of these General Conditions, harmful to the rights and interests of third parties, or which in any way may damage, disable, overload or impair the website and the Services or prevent the normal use or enjoyment of the page and the Services by other users.
3.4. Means of obtaining Content
The user will refrain from obtaining or even attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the website or the Services (hereinafter, the “Contents”) by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose on the web pages where the Contents are found or, in general, those which are normally used on the Internet for this purpose provided that they do not entail a risk of damage or disabling of the Website, the Services and/or the Contents.
3.5. Correct use of the Contents
The user undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from:
- Using the Contents in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order;
- Reproducing or copying, distributing, allowing public access through any form of public disclosure, transforming or modifying the Contents, unless they have authorisation from the owner of the corresponding rights or it is legally permitted;
- Deleting, evading or manipulating the copyright and other data identifying the rights of Prolonga Fertilidad SLP or its owners included in the Contents, as well as the technical protection devices, digital fingerprints or any information mechanisms that may be contained in the Contents.
3.6. Introduction of hyperlinks allowing access to other sites
Users and, in general, those who intend to establish a hyperlink between their website and the Website (hereinafter, the “Hyperlink”) must comply with the following conditions:
(a) no one may make links to the website www.fertty.com without prior consent of Prolonga Fertility SLP
(b) the accepted Hyperlink will only allow access to the Web pages of the Website, but may not reproduce them in any form;
(c) no hyperlinks will be established to pages within the Site other than the home-page, first page or index;
(d) no browser or border environment will be created over the Web pages of the Website;
(e) no false, inaccurate or incorrect statements or indications will be made about the website and the Services and, in particular, it will not be stated or given to understand that Prolonga Fertilidad SLP has authorised the Hyperlink or that it has supervised or assumed in any way the contents or services offered or made available on the website where the Hyperlink is established;
(f) with the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established must not contain any trademark, trade name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to Prolonga Fertilidad SLP.
(g) the Web page on which the Hyperlink is established must not contain information or content that is unlawful, contrary to morality and generally accepted good customs and public order, nor will it contain content that is contrary to any third-party rights. The establishment of the Hyperlink does not imply in any case the existence of a relationship between Prolonga Fertilidad SLP and the owner of the website where it is established, nor the acceptance and approval by Prolonga Fertilidad SLP of its contents or services.
5.-LIABILITY FOR THE INPUT OF PERSONAL DATA
Users agree that Prolonga Fertilidad SLP will be exempted from liability for the inclusion of personal data that are inaccurate, false, outdated or generally not in accordance with reality. By the same token, Prolonga Fertilidad SLP will be exempt from liability for the declaration of real data by a person not associated with them.
6.-USE OF THE WEBSITE, SERVICES AND CONTENTS UNDER THE SOLE RESPONSIBILITY OF THE USER
The user is aware of and voluntarily accepts that the use of the website, the services and the Contents takes place, in any case, under their sole and exclusive responsibility.
6.-EXCLUSION OF GUARANTEE AND LIABILITY
7.1. Exclusion of guarantees and liability for the operation of the website and Services
7.1.1. Availability and continuity, usefulness and fallibility
Prolonga Fertilidad SLP, does not guarantee the availability and continuity of the functioning of the website and the Services. Whenever reasonably possible, Prolonga Fertilidad SLP, will give prior notice of any interruptions in the operation of the site.
Prolonga Fertilidad SLP does not guarantee the usefulness of the website and its services for any particular activity.
Prolonga Fertilidad SLP accepts no liability for damages of any nature, which may occur due to a lack of availability of the site or the fraudulent use of it by third parties.
7.1.2. Privacy and security in the use of the website and the Services
Prolonga Fertilidad SLP does not guarantee privacy and security in the use of the website and the Services and, in particular, does not guarantee that unauthorised third parties cannot have knowledge of the type, conditions, characteristics and circumstances of the use that Users make of the website and the Services.
7.2. Exclusion of guarantees and liability for Contents
Prolonga Fertilidad SLP, although controlling all its systems and contents, cannot guarantee the absence of viruses or other malicious elements in the contents included in its website, which may cause alterations in the computer system (software and hardware) or in the electronic documents and files stored in its computer system.
7.2.1. Liability and Guarantees
- Prolonga Fertilidad SLP does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or information provided through the Website.
- Accordingly, Prolonga Fertilidad SLP does not guarantee and is not liable for:
- the continuity of the contents of the Website
- the absence of errors in said contents or the correction of any defect that may occur
- the absence of viruses and/or other harmful components on the Website or on the server that supplies it
- the invulnerability of the Website and/or the impregnability of the security measures adopted on the Website
- the lack of usefulness or performance of the contents of the Website
- any damage or harm caused to themselves or to a third party, by any person who infringes the conditions, rules and instructions that Prolonga Fertilidad SLP establishes on the Website or through the violation of the security systems of the Website.
- However, Prolonga Fertilidad SLP declares that it has taken all necessary measures, within its possibilities and the state of technology, to ensure the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.
Prolonga Fertilidad SLP does not grant any licence or authorisation of use of any kind over its industrial and intellectual property rights or on any other property or right related to the Website, the services or the contents.
9.-REFUSAL AND WITHDRAWAL OF ACCESS TO THE WEBSITE AND/OR SERVICES
Prolonga Fertilidad SLP reserves the right to deny or withdraw access to the Website and/or the Services, at any time and without prior notice to those users who do not comply with these General Conditions or the applicable Special Conditions.
10.-PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES
If a third party considers there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity on the website of Prolonga Fertilidad SLP www.fertty.com or accessible through the website, and in particular the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and trade names, etc.) or other rights, they must send notification to Prolonga Fertilidad SLP containing the following points:
(a) personal data: name, address, telephone number and e-mail address of the complainant;
(b) specification of the alleged unlawful activity carried out on the website and, in particular, in the case of an alleged infringement of rights, precise and specific indication of the protected content and its location on the web pages;
(c) facts or circumstances revealing the unlawful nature of such activity;
(d) in the event of infringement, a certified true signature or equivalent, including the personal data of the owner of the allegedly infringed rights or of the person authorised to act in the name and on behalf of the owner of the allegedly infringed rights;
(e) express and clear declaration under the responsibility of the claimant that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the performance of the activities described. These notifications should be sent by ordinary post to: Prolonga Fertilidad SLP C/ Ausias Marc 25 08010 Barcelona.
11.-DURATION AND TERMINATION
The provision of the web service and other online services is for an indefinite period of time. However, Prolonga Fertilidad SLP is authorised to terminate or suspend the provision of the website and/or any of the services at any time, without prejudice to what has been provided for in this regard in the relevant Special Conditions. Whenever reasonably possible, Prolonga Fertilidad SLP will give prior notice of the termination or suspension of the provision of the website service and other associated services.
12.-JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions and rules of use are governed by Spanish law. For ruling on any controversy that may arise with respect to its validity, performance, fulfillment or resolution (total or partial) the parties submit to the jurisdiction of the Courts of Barcelona. This contract constitutes the full and complete expression of the agreement between Prolonga Fertility SLP and the user.
The use of the website www.fertty.com attributes the status of user and implies full and unreserved acceptance of each and every one of the provisions included in this Disclaimer.